Cell Tower Insurance regarding liability

by Gail
(San Diego, CA)

Do I need to buy additional liability insurance on my vacant land to protect myself before signing the lease? Here is what the lease states:

Insurance. a) During the Term of this Agreement, LESSEE shall, at its sole cost and expense, procure and maintain the following insurance with customary exceptions and exclusions: (i) Bodily Injury: $1,000,000.00 for injury to any one (1) person, and $2,000,000.00 for injury(s) sustained by more than one (1) person in any one (1) occurrence; and (ii) Property Damage: replacement cost for all of LESSEE’s equipment located at the Leased Premises (collectively, the “LESSEE Policies”). LESSEE covenants and agrees that LESSOR shall be named as an additional insured under the LESSEE Policies. In the event of LESSOR’s written request therefore, LESSEE shall provide LESSOR with a certificate of insurance evidencing the coverage required hereby not later than thirty (30) days following its receipt of LESSOR’s request.

(b) LESSEE hereby releases and holds harmless LESSOR and the LESSOR Parties, and LESSOR hereby releases and holds harmless LESSEE and the LESSEE Parties, from and against any personal injury/death occurring at the Premises and/or the Property that results from risks insured against under any insurance policy(s) carried by such party that are in force at the time of any such injury or damage. LESSOR and LESSEE shall use commercially reasonable efforts to cause all insurance policies referenced in this Section 14 to include a waiver of subrogation against the other party with respect to any injury or damage covered under such policy. The waivers and releases in this paragraph shall not only apply as between the parties, but shall also apply to any claims under or through either party as a result of any asserted right of subrogation.

Since you are in IDAHO, how would you be able to help me in San Diego? What are your rates to go over a lease and make recommendations?

Comments for Cell Tower Insurance regarding liability

Gail, we have actually found that some of the USA's most dishonest and inexperienced cell tower consultants are located in the San Diego area, so you need to be careful who you end up working with and consider dealing with someone from Idaho a good thing :-)

We don't publish our rates but it's not a big secret. Please call me to discuss. Verizon Wireless whom I presume is the carrier you are dealing with based on the insurance provision that you provided certainly won't tell you what needs to be added or removed. And their representative have also been rumored to stretch the truth on what is and what aren't standards in the wireless industry.

Have your insurance broker / consultant review the carrier's insurance provision and if they are okay with it, you should be as well. There is no getting around it unfortunately.